80 FR 40995 - Privacy Act of 1974, New System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 80, Issue 134 (July 14, 2015)

In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix 1, ``Federal Agency Responsibilities for Maintaining Records About Individuals,'' the Department of Commerce is issuing this notice of its intent to establish a new system of records entitled ``COMMERCE/NIST-8, Child Care Subsidy Program Records.'' This action is being taken to update the Privacy Act notice and Department of Commerce, Notice to Amend All Privacy Act System of Records. We invite the public to comment on the items noted in this publication. The purpose of this system of records is to verify NIST employees' eligibility for child care subsidies.

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 40995-40997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17246]


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DEPARTMENT OF COMMERCE

[Docket No. 150619535-5535-01]


Privacy Act of 1974, New System of Records

AGENCY: U.S. Department of Commerce, National Institute of Standards 
and Technology.

ACTION: Notice of Proposed New Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 United States Code (U.S.C.) 552(e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix 1, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals,'' 
the Department of Commerce is issuing this notice of its intent to 
establish a new system of records entitled ``COMMERCE/NIST-8, Child 
Care Subsidy Program Records.'' This action is being taken to update 
the Privacy Act notice and Department of Commerce, Notice to Amend All 
Privacy Act System of Records. We invite the public to comment on the 
items noted in this publication. The purpose of this system of records 
is to verify NIST employees' eligibility for child care subsidies.

DATES: To be considered, written comments must be submitted on or 
before August 13, 2015.
    Unless comments are received, the new system of records will become 
effective as proposed on the date of publication of a subsequent notice 
in the Federal Register.

ADDRESSES: You may submit written comments by any of the following 
methods:
    Email: [email protected]. Include ``Privacy Act COMMERCE/NIST-8, 
Child Care Subsidy Program Records'' in the subtext of the message.
    Fax: (301) 948-6107, marked to the attention of Essex W. Brown.
    Mail: Essex W. Brown, National Institute of Standards and 
Technology, 100 Bureau Drive, Gaithersburg, MD 20899, Building 101, 
Room A224, (301)-975-3801.

FOR FURTHER INFORMATION CONTACT: Kaitlyn Kemp, National Institute of 
Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899, 
Building 101, Room A123, (301) 975-3319.

SUPPLEMENTARY INFORMATION: This notice announces the Department of 
Commerce's (Department) proposal for a new system of records under the 
Privacy Act of 1974 for Child Care Subsidy Program Records. The Child 
Care Subsidy Program Records is a new system established to verify NIST 
employees' eligibility for child care subsidies.
COMMERCE/NIST-8

SECURITY CLASSIFICATION:
    None

SYSTEM NAME:
    COMMERCE/NIST-8, Child Care Subsidy Program Records.

SYSTEM LOCATION:
    National Institute of Standards and Technology (NIST) Child Care 
Subsidy Program Manager, Office of Human Resources Management, 100 
Bureau Drive, Room 1720, Gaithersburg, MD 20899.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Employees of NIST who voluntarily apply for child care subsidies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Application forms for a child care subsidy may contain personal 
information, including employee's name, Social Security Number, grade, 
home phone number, home address, email address, total income, number of 
dependent children, and number of children on whose behalf the employee 
is applying for a subsidy, information on any tuition assistance 
received from

[[Page 40996]]

State/County/local child care subsidy, and information on child care 
providers used, including their name, address, provider license number, 
and State where license issues, tuition cost, provider tax 
identification number, bank routing number, bank account number, and 
copies of Internal Revenue Form 1040 for verification purposes.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    40 U.S.C. 490b-1; Sec. 630 of Pub. L. 107-67 November 12, 2001; and 
Executive Order 9397 as Amended by Executive Order 13478 (November 18, 
2008).

PURPOSE:
    To establish and verify NIST employees' eligibility for child care 
subsidies in order for NIST to provide monetary assistance to its 
employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program statute or contract, or rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department and Federal partners, the relevant records in the system of 
records may be referred to the appropriate agency, whether Federal, 
state, local or foreign, charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing the statute or contract, or rule or order issued 
pursuant thereto, or protecting the interest of the DOC.
    2. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    3. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether disclosure 
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
    4. A record in this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract, but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    5. A record from this system of records may be disclosed to the 
Administrator, General Services Administration (GSA), or his/her 
designee, during an inspection of records conducted by GSA as part of 
that agency's responsibility to recommend improvements in records 
management practice and programs, under the authority of 44 U.S.C. 2904 
and 2906. Such disclosure shall be made in accordance with the GSA 
regulations governing inspection of records for this purpose, and any 
other relevant (i.e. GSA or Commerce) directive. Such disclosure shall 
not be used to make determinations about individuals.
    6. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    7. A record in this system of records may be disclosed to 
appropriate agencies, entities and persons when (1) it is suspected or 
determined that the security or confidentiality of information in the 
system of records has been compromised; (2) the Department has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
whether systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and to 
prevent, minimize, or remedy such harm.
    8. A record from this system of records may be disclosed to a 
Federal, state, or local agency maintaining civil, criminal or other 
relevant enforcement information or other pertinent information, such 
as current licenses, if necessary to obtain information relevant to a 
Department decision concerning the assignment, hiring or retention of 
an individual, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefit.
    9. A record for this system of records may be disclosed to a 
Federal, state, local, or international agency, in response to the 
request, in connection with the assignment, hiring or retention of an 
individual, the issuance of a security clearance, the reporting of an 
investigation of an individual, the letting of a contract, or the 
issuance of a license, grant, or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter.
    10. Disclosure may be made to the Office of Personnel Management or 
the Government Accountability Office when the information is required 
for evaluation of the subsidy program.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, RETAINING, AND 
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Hard copy files may be maintained in paper form and on diskettes; 
additional electronic files may be kept in electronic digital media in 
encrypted format within a controlled environment, and accessed only by 
authorized personnel.

RETRIEVABILITY:
    The records are retrieved by name and may also be cross-referenced 
to Social Security Number.

SAFEGUARDS:
    Paper records and disks as stored in file cabinets on secured 
premises with access limited to personnel whose official duties require 
access. For electronic media, the system is password protected and is 
FIPS 199 (Federal Information Processing Standard Publication 199, 
``Standards for Security Categorization of Federal Information and 
Information Systems'') compliant. The electronic system adheres to a 
Moderate security rating.

RETENTION AND DISPOSAL:
    Records are disposed of in accord with the appropriate records 
disposition schedule approved by the Archivist of the United States.

SYSTEM MANAGER(S) AND ADDRESSE(S):
    National Institute of Standards and Technology (NIST) Child Care 
Subsidy Program Manager, Office of Human Resources Management, 100 
Bureau Drive, Room 1720, Gaithersburg, MD 20899.

NOTIFICATION PROCEDURE:
    An individual requesting notification of existence of records on 
himself or herself should send a signed, written inquiry to the 
location listed below. The request letter should be clearly marked, 
``PRIVACY ACT REQUEST.'' The written inquiry must be signed and 
notarized or submitted with certification of identity under penalty of 
perjury. Requesters should reasonably specify the record contents being 
sought.

[[Page 40997]]

    National Institute of Standards and Technology, Freedom of 
Information and Privacy Act Officer, Room 1710, 100 Bureau Drive, 
Gaithersburg, MD 20899.

RECORD ACCESS PROCEDURE:
    An individual requesting access to records on himself or herself 
should send a signed, written inquiry to the same address as stated in 
the Notification Procedure section above. The request letter should be 
clearly marked, ``PRIVACY ACT REQUEST.'' The written inquiry must be 
signed and notarized or submitted with certification of identity under 
penalty of perjury. Requesters should reasonably specify the record 
contents being sought.

CONTESTING RECORD PROCEDURE:
    An individual requesting corrections or contesting information 
contained in his or her records must send a signed, written request 
inquiry to the same address as stated in the Notification Procedure 
section above. Requesters should reasonably identify the records, 
specify the information they are contesting and state the corrective 
action sought and the reasons for the correction with supporting 
justification showing how the record is incomplete, untimely, 
inaccurate, or irrelevant.
    The Department's rules for access, for contesting contents, and for 
appealing initial determination by the individual concerned appear in 
15 CFR part 4.

RECORD SOURCE CATEGORIES:
    Information is provided by NIST employees who apply for child care 
subsidies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: July 8, 2015.
Michael J. Toland,
Acting Freedom of Information and Privacy Act Officer, Department of 
Commerce.
[FR Doc. 2015-17246 Filed 7-13-15; 8:45 am]
 BILLING CODE 3510-DT-P